The US Supreme Court refused to halt president-elect Donald Trump’s sentencing in his hush-money criminal case by a 5-4 vote Thursday. The court reasoned that the likely sentence of an “unconditional discharge” would not hamper Trump’s transition to the presidency and that evidentiary issues raised by Trump’s lawyers could be resolved through regular appeals. A judge on New York’s top appeals court also declined to pause sentencing hours before the nation’s highest court made its decision on the matter.
The top court’s one-page order noted that Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh would have blocked Trump’s sentencing. Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson voted to keep the sentencing on track.
Trump’s lawyers argued that his status as president-elect prevents the trial court from proceeding with sentencing. Counsel also claimed the trial court improperly admitted evidence barred by the Supreme Court’s July decision granting presidents immunity from prosecution over “official acts.” New York responded that Trump was a private citizen when the charges were brought, that a stay of proceedings is unnecessary because state-level appeals have not been exhausted, and that the Supreme Court’s Trump decision does not preclude prosecution over unofficial acts. The state also referenced trial Judge Juan Merchan’s intention of giving an unconditional discharge to Trump, which would enter a felony conviction on Trump’s record without the president-elect facing further penalties.
The president-elect was found guilty on 34 felony counts of falsifying business records in May over efforts to hide hush money payments to adult film actress Stormy Daniels. Trump’s two federal criminal cases have been halted following his November election victory. Georgia’s election interference case against Trump is in limbo due to a state appeals court disqualifying Fulton County District Attorney Fani Willis from the prosecution.
Sentencing in Trump’s hush money case will proceed on Friday.